I am building a Minimax Eros, which will have no ENGINE DRIVEN power system. It may have a small battery to power a radio and some lights.
Do I need a transponder to fly class C airspace? I seem to find mixed answers.
My friend, learn how to read to parse the FARS
Federal Aviation Regulation Sec. 91.215 - ATC transponder and altitude reporting equipment and use. They don't make it easy but here goes:
(b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder . . .
So ordinarily an aircraft must have a transponder in the following airspace.
(1) All aircraft. In Class A, Class B, and Class C airspace areas;
Easy one. That answers your question. You can't go into actual Class A, B, C because you don't have a transponder, but what about operating under class B & C. That is, within the lateral boundaries? Keep reading
(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;
Clear enough. Ordinarily one needs a transponder to operate within 30 NM of an appendix D, Sec 1 airport, i.e., the Class B airports, However, you are subject to an exception with regard to (b)(2) above. Here it is:
(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted—
So you MAY operate with 30 NM blah, blah, as long as you stay
(i) Outside any Class A, Class B, or Class C airspace area; and
and
(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and
and that means you must stay "below the altitude of the ceiling" (not the floor) of Class B or C or below 10000' MSL whichever is lower. In other words, you can't operate above Class B or C airspace. Now comes a new paragraph that applies to all aircraft:
(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and
So this answers the rest of your question "Can I operate in Class C?". They have already told you you can't operate in Class B or C but now they're adding that you can't operate in the lateral boundaries of them either. No exceptions here. Now comes a new paragraph that gives you another exception:
(5) All aircraft except any aircraft which was not originally certificated with an engine-driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider—
(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and
So you can legally operate at and above 10000' MSL with no transponder (but not over Class B & C). Other aircraft cannot
(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.
Again, this doesn't apply to you because you don't have an engine driven electrical system so you may operate within 10 miles of appendix D airports sfc to 10000'. Others without a transponder cannot.
Disclaimer: I think this is right but I'm not an ultralight guy. As I read it, you can generally operate most anywhere you'd want to fly but not in, over or under Class B & C. You can fly inside the Class B veil but not in the lateral boundaries of Class B
